The results from the first commercial cultivation of Bt cotton are coming
in and all evidence points to the fact that the crop has not done well. It
has reportedly failed in Andhra Pradesh and Maharashtra.
To protect the interests of the farming community, we request you to take
immediate steps to ensure that Mahyco- Monsanto, the company that owns the
failed Bt cotton variety, is made to pay adequate compensation to those
farmers who have recorded crop losses. This is in fact mandated in the
Indian law.

According to the law, any company that provides poor quality seeds, the
performance of which does not match the claims made by the company, is to
be held liable for the failure of the variety.
The Protection of Plant Varieties and Farmers Rights Act, 2001 provides
for a liability clause, by which farmers are protected from being deceived
by the producer or seller of the seed. The Act states that other
conditions being stable, if the seed sold to the farmer fails to realize
its expected potential viz. in areas like yield, quality, pest resistance,
etc; as had been disclosed by the breeder, the farmer will retain the
right to claim compensation from the breeder of that variety. The
determination of the validity of such a claim will be by the Protection of
Plant Varieties and Farmers Rights Authority.

I invite your attention to the relevant section of the law.
Clause 39(2) of the act states that:

... if such propagating material fails to provide
such performance under such given conditions,
the farmer ... may claim compensation in the
prescribed manner.

- Clause 39(2), PPVFRA 2001.

"Where any propagating material of a variety registered under this Act has
been sold to a farmer or a group of farmers or any organization of
farmers, the breeder of such variety shall disclose to the farmer or the
group of farmers or the organization of farmers, as the case may be, the
expected performance under given conditions, and if such propagating
material fails to provide such performance under such given conditions,
the farmer or the group of farmers or the organization of farmers, as the
case may be, may claim compensation in the prescribed manner before the
Authority".

It is important to take action against Mahyco- Monsanto and ensure
compensation is paid by them to farmers so that farmers, as so often in
the past, are not made the guinea pigs of new, uncertain technologies and
then left to fend for themselves when the product does not work. It is
also very important for the Indian authorities to demonstrate that having
put in place a new law to protect the farmers, they will not hesitate to
invoke the law to procure the rights that are due to farmers, that they
will not let big companies get off the hook.

Bt cotton is the very first GM crop to be grown in this country. It is
therefore particularly necessary in this case to set the correct
precedence and to send the right signals, that the implementation of GM
technology will not be done in a shoddy, careless manner and if the
technology is poor, the farmer will not be allowed to suffer.

It is the duty of the Agriculture Ministry to ensure that any technology
meant for the farmers is fully tested before they release it for use. If
there has been a lapse, and the technology has failed to deliver, as in
this case, the Agriculture Minister must invoke the law of the land and
make sure the farmers are compensated for the losses they have incurred
due to crop failure.